Reso 2014-2233 - Laserfiche WebLink

Home Browse Search

16. This Agreement does not create any relationship or obligation to any person or entity other than OWNER and DEVELOPER. The only relationship created between CITY and DEVELOPER is the obligations of DEVELOPER and CITY expressly set forth herein. Similarly, the only relationship created between CITY and OWNER are comprised of the obligations of OWNER and CITY expressly set forth herein. 17. OWNER and DEVELOPER understand and agree that CITY is not acting as an insurer of OWNER or DEVELOPER, or the real property or property of others on the property. CITY shall not be liable for any loss of life, personal injury or loss or damage to the real property or the property of OWNER, its employees, agents, guests or invitees. OWNER and DEVELOPER shall hold CITY and CITY's directors, officers, employees and agents harmless from any such claim. 18. If any provision of this Agreement is held illegal or unenforceable in a judicial proceeding, such provision shall be severed and shall be inoperative, and, provided that the fundamental terms and conditions of this Agreement remain legal and enforceable, the remainder of this Agreement shall remain operative and binding on the Parties. 19. This Agreement constitutes a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. The provisions of this Agreement may be modified only where mutually agreed to in writing by the parties. 20. The parties hereto agree and understand that written notice, mailed or delivered to the last known mailing address, shall constitute sufficient notice to the CITY and the DEVELOPER, addressed to the following addresses of record: CITY: To be effective on the CITY, three copies of all notices shall be sent: one to the attention of (1) Procurement Management Division, one to the (2) City Attorney's Office, and one to (3) the City Manager's Office: City of North Miami Beach, Florida 17011 N.E. 19th Ave, Suite 315 North Miami Beach, FL 33162 DEVELOPER: City of Sunny Isles Beach Attn: City Attorney and City Manager 18070 Collins Avenue 4th Floor Sunny Isles Beach, FL 33160 21. Florida law shall govern the interpretation of this Agreement, and venue shall lie in Miami -Dade County, Florida. 22. Nothing contained in this paragraph or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed on the City's liability as set forth in Section 768.28, Florida Statutes. Page 5 of 7